It's 100 different schools of thought flying one flag --

by omahadomer, Thursday, March 26, 2026, 19:22 (6 days ago) @ Grantland

The 8th Amendment bars "cruel and unusual punishment." They didn't write a list of punishments that were OK and those that weren't. Ditto capacious terms like "due process."

They set out concepts, not specific lists. If you wrote an office dress code in 2000 that said employees "must wear appropriate professional dress" would you expect everyone in 2026 to dress like they did in 2000? In 2000 it might've meant a suit. Now it might mean a collared shirt. Sure, jean shorts would be out in any era just the rack and screw would've been out in any era.

In the founding era they might've thought that a public flogging until the prisoner passed out is OK. Now we wouldn't.

Segregated schools were fine in 1868 when they ratified the 14th Amendment. Should that mean that segregated schools are fine now?

--
"It's our blood and bones and these whistles and phones against Miller's and Noem's dirty lies."